Rightful Relations with Distant Strangers

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Rightful Relations with Distant Strangers

Kant, the EU, and the Wider World

Jurisprudence and general issues Methods, theory and philosophy of law

Author: Aravind Ganesh

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Collection: Law and Practical Reason

Language: English

Published by: Hart Publishing

Published on: 25th March 2021

Format: LCP-protected ePub

Size: 296 pages

ISBN: 9781509941322


Overview

This book provides a philosophical critique of legal relations between the EU and distant strangers neither located within, nor citizens of, its Member States. Starting with the EU's commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in all its relations with the wider world, Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant's philosophy of right. In so doing, Ganesh departs from comparable Kantian scholarship on the EU by centering the discussion not around the essay Toward Perpetual Peace, but around the Doctrine of Right, Kant's final and comprehensive statement of his general theory of law.

The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods) and human rights (human rights jurisdiction), and also critiques the widespread identification of the EU as a Kantian federation of peace.

The thesis on which this book was based was awarded the 2020 René Cassin Thesis Prize (English section).

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